H.R. 5925 (111th): Safe Prescription Drug Disposal and Education Act

111th Congress, 2009–2010. Text as of Jul 29, 2010 (Introduced).

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111th CONGRESS

2d Session

H. R. 5925

IN THE HOUSE OF REPRESENTATIVES

July 29, 2010

introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To authorize the Attorney General to make grants to States, units of local government, Indian tribes, and other entities for prescription drug disposal units and for prescription drug abuse education.

1.

Short title

This Act may be cited as the Safe Prescription Drug Disposal and Education Act.

2.

Prescription Drug Disposal

(a)

Delivery of controlled substances by ultimate users for disposal

(1)

Regulatory authority

Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended by adding at the end the following:

(g)
(1)

For the purpose of carrying out a grant program established by the Attorney General under section 2(b) of the Safe Prescription Drug Disposal and Education Act—

(A)

an ultimate user (or an individual authorized to act on behalf of the ultimate user) who has lawfully obtained a controlled substance in accordance with this title may, without being registered, deliver the controlled substance to another person for the purpose of disposal of the controlled substance; and

(B)

a person to whom such controlled substance is being delivered may, without being registered, receive such controlled substance for such purpose.

The Attorney General shall issue regulations to carry out this subsection. Such regulations shall be consistent with the public health and safety and ensure the safe disposal of any controlled substances handled, delivered, received, or disposed under this subsection.

.

(2)

Conforming Amendment

Section 308(b) of the Controlled Substances Act (21 U.S.C. 828(b)) is amended—

(A)

by striking the period at the end of paragraph (2) and inserting ; or; and

(B)

by adding at the end the following:

(3)

the delivery or receipt of such a substance for the purpose of disposal by a person acting in accordance with section 302(g).

.

(b)

Prescription Drug Disposal Units

(1)

Program established

The Attorney General may make grants to eligible entities to establish and operate prescription drug disposal units for individuals to dispose of any prescription drug that such individuals no longer need or want, or that has expired at locations that the Attorney General determines are appropriate pursuant to State and local requirements related to waste or hazardous waste management and any regulations issued by the Food and Drug Administration.

(2)

Eligibility

For purposes of this section, an eligible entity is a State, unit of local government, nonprofit organization, local educational agency, Indian tribe, a Federal, State, and local governmental agency, corporation, community coalition, or any combination thereof.

(3)

Use of funds

An eligible entity receiving a grant under this section shall use the amounts received under such grant only for each of the following purposes:

(A)

To provide for the establishment, installation, replacement, maintenance, or operation of prescription drug disposal units meeting the requirements of subsection (e).

(B)

To hire a reverse distributor (as such term is defined in section 1300.01 of title 21 of the Code of Federal Regulations as of the date of the enactment of this Act), an appropriate waste or hazardous waste management organization, or any other appropriate entity in the State or unit of local government, to collect items contained in the prescription drug disposal units funded with amounts from the grant and dispose of such items.

(4)

Application

To be eligible to receive a grant under this section, an eligible entity shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require.

(5)

Prescription Drug Disposal Unit Requirements

Each prescription drug unit funded with amounts from a grant under this section shall meet the following requirements:

(A)

The unit shall be secure against the risk of theft and access by unauthorized individuals.

(B)

The unit shall be placed in a location that is easily accessible to individuals seeking to dispose of prescription drugs.

(C)

The unit shall be clearly and conspicuously marked with Prescription Drug Drop-Off Box.

(6)

Condition

As a condition of receiving a grant under this section, an eligible entity receiving a grant shall agree to comply with any rules promulgated by the Attorney General regarding the safe and regular disposal of the prescription drugs contained in each prescription drug disposal unit funded by amounts from such grant.

(7)

Selection of grant recipients

(A)

Selection criteria

The Attorney General shall issue regulations to establish selection criteria for grants under this section.

(B)

Geographic distribution of grants

The Attorney General shall ensure that, to the extent reasonable and practicable, an equitable geographic distribution of grant awards is made that considers the special needs of rural and urban communities.

(8)

Authorization of appropriations

There is authorized to be appropriated $5,000,000 for each of fiscal years 2011 through 2014 to carry out this section.

3.

Prescription Drug Abuse Education

(a)

Public education campaign

The Director of National Drug Control Policy, in consultation with the Administrator of the Environmental Protection Agency, shall carry out a public education and outreach campaign to increase awareness of how ultimate users may lawfully and safely dispose of prescription drugs, including controlled substances, through drug take-back programs and other appropriate means.

(b)

Educational program grants

(1)

Educational programs to prevent prescription drug abuse

The Attorney General may make grants to eligible entities to design and implement educational programs on the abuse of the following items:

(A)

Prescription drugs.

(B)

Household items that may be used to have an altering effect on perception, emotion, or behavior similar to that caused by the use of psychotropic drugs.

(2)

Eligibility

For purposes of this section, an eligible entity is an entity described in section 2(b) of this Act.

(3)

Use of funds

An eligible entity receiving a grant under this section shall use the amounts received from such grant to develop and implement educational programs designed to educate students in the sixth through twelfth grades and parents and legal guardians of such students, on topics related to the abuse of prescription drugs, including the following:

(A)

The health risks and legal liability posed by the abuse of the items described in paragraphs (1) and (2) of subsection (a).

(B)

The dangers posed by stealing prescription drugs from other individuals.

(C)

For a parent or legal guardian, indications that a student may be abusing the items described in paragraphs (1) and (2) of subsection (a).

(D)

The behaviors that can lead to the abuse of such items.

(E)

Available methods for the safe disposal and collection of such items.

(F)

Resources available for an intervention in the case of a person who has been abusing such items.

(4)

Application

To be eligible to be selected to receive a grant under this section, an eligible entity shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require.

(5)

Selection of grant recipients

(A)

In general

In selecting recipients for grants under this section, the Attorney General shall—

(i)

consult with the peer review committee established under paragraph (2);

(ii)

give priority to any eligible entity in connection with an application submitted under subsection (d) that demonstrates community support for the application; and

(iii)

ensure that, to the extent reasonable and practical, an equitable geographic distribution of grant awards is made that considers the special needs of rural and urban communities.

(B)

Peer review committee

(i)

In general

The Attorney General shall establish a peer review committee to review applications for a grant under this section and to submit to the Attorney General recommendations on which applications should be approved for a grant, which shall consist of 7 members appointed by the Attorney General.

(ii)

Composition

Such committee shall be composed of at least one of each of the following individuals:

(I)

A substance abuse counselor.

(II)

A psychological counselor.

(III)

A public health official.

(IV)

A physician.

(V)

A community anti-drug coalition leader.

(VI)

An appopriate member of a State or local law enforcement agency.

(iii)

Basic pay

Members of the committee shall serve without pay.

(iv)

Terms

Each member of the committee shall serve for two years and may serve for as many successive terms as the member agrees to serve and as the Attorney General may request.

(v)

Vacancies

If a vacancy occurs on such committee, the Attorney General shall appoint a new member in the same manner as the initial appointment was made under this subsection.

(6)

Authorization of appropriations

There is authorized to be appropriated $5,000,000 for each of fiscal years 2011 through 2014 to carry out this section.